17-8-25. Absence of witness as grounds for granting continuance.
131 words·~1 min read·
/ga/title-17-criminal-procedure/article-2-continuances/17-8-25·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In all applications for continuances upon the ground of the absence of a witness, it shall be shown to the court that the witness is absent; that he has been subpoenaed; that he does not reside more than 100 miles from the place of trial by the nearest practical route; that his testimony is material; that the witness is not absent by the permission, directly or indirectly, of the applicant; that the applicant expects he will be able to procure the testimony of the witness at the next term of the court; that the application is not made for the purpose of delay but to enable the applicant to procure the testimony of the absent witness; and the application must state the facts expected to be proved by the absent witness.